>> farewell jobs council we hardly knew you, your death comes right when we need you most. >> i am tom sullivan in for neil cavuto, more bad jobs news on a day that we see weekly jobless claims rising and planned layoff spiking, president obama's job council is officially disbanding. the group of business and labor leaders is out of commission.

and my next guests say, good timing, not. the small, guys say that white house is letting them down, again. baker, and hospitality executive and restaurant owner. they met with the president back in 2009, and has not seen much help since. let's start with you, marco, you were are the president, what was that about? what did he say to you. >> tom, when i met with the president 3 years ago, he had just announced the economic stimulus act, he told me this would help small business owners and entrepreneurs like myself go out there and grow their business and create more job the. we're hearing today, making no sense, it is the opposite, why in the world would the white house disband their count is jobs -- council on jobs. >> they met 4 times in two

years, toma, did you feel that government would solve when issues you needed in the hospitality business? >> no, we thought they would never solve them but we thought they would at least give us a fair chance, they talk a good game, but jobs council was created for him to get republicans on his side, and some votes, now that he is not running he just disbanded it. the white house keeps talking to make it easier for entrepreneurs to start up a business, and small business but obamacare does not', and we'll expand our the business and hire people, but we want to know that know that washington is on our side, not going against us. >> tom: do you feel that way? do you file they are th the ene? >> as a small be person, i own hotels and a retail cigar operation, i am a partner in lynn ear parking holdings, i

have a lot of employees, i could bring more people, but i never know what they are doing in washington. tom: david, you are in the bakery, it comes down to you have a product that lasts one day. so, you have to be really careful about your inventory, and really careful and judge demand, how many customers are coming in today, has demand -- >> i can tell you, demand is less than the first of the year because everyone is making 2% less than a were, this is the same president that said there was no tax increase, and told us about 17 different tax breaks for small business, if you had your faith in this guy before you voted and you you voted for him, and youon a small, or you work for a small, i have a bridge for sale in brooklyn, i live a long a away, come on, this is nothing. nothing but promises.

marko, what about the fact that government, you small be owners never rely on the government, you rely on your own hutzpah you got. we do, and politicians do not create jobs, and small business owners and entrepreneurs like us. but that is also why i can't understand why you cancel our council on jobs because it is those people there are out there in trenches that are creating jobs across small towns and city across america, why would you stop that dialogue and not listen to them. tom. toma, what about obamacare? the question that has been at least last year. was, the uncertainty, the uncertainty, of what it would cost, do you feel any more uncertainty or had any more certainty now we have one month you were our belt?

>> we don't feel more certain about anything relative to obamacare, you know, we're just waiting for another shoe to drop on us, and as gentlemen before said, people take homeless money, fortunately the hotel business, has been doing good, in spite of washington. but at the same time because the tax issues, and obamacare, a lot of people are afraid to build new product right now. tom: you rely on the dischristiannary spending or did you rely on businesses to go out and have conferences and conventions? >> you rely on both. i have owned hotel that rely on business travelers certain times in year i rely on vacationers. so, i have a mix. i have a hilton flags and doubletree flags. tom: okay how is business?

>> good, we're projects for the coming year 5 to 6% increase on average daily rate and occupancy. tom: david? >> the bakery business is not good, we're 100% in the discretionary spending the business like most of the restaurants, i keep saying when applebees runs 2 for $20 do you think they are making money? no they have to pull people in the doors just to keep it open, now obamacare, kicking in and expenses go up, and it is not necessarily something i can absorb i that get passed to my employee, the employee has less money to spend, there is no such thing as recovery in sight, we have no economy policy, we have no energy policy, fuel is back up. i mean, people wonder why consumer confidence and confidence from the business owners is down? and the president pulls a you know deal like this, come on. this guy campaigned on jobs and

the economy, he gave an inaugural speech on what? immigration, constructing royds and more liberal rhetoric, you know what, this is a step to socialist ladder forget rid of small business then we can control the big guys, i am frustrated and angry. tom: i hear it. marco, you have seep the president, i get up in the morning i think about jobs, i go on bet at night i think about jobs, do you think he has forgotten? >> i don't think he nearly forgotten about it, i think he doesn't know how to create jobs. it is the smalln 'n small busins that create them, if you have not run a business how in the world do you know how to create jobs this is why the count was important and should have been important.

>> thank you very much. push to help illegals is on, but nobody is talking about how the cost will add up, we hear taxpayers could have to pony up trillions of bucks, then, too big to cheer? super bowl scandal that got a cheerleader jeering instead of cheering.

tom: senate democrats pumping up the bipartisan immigration plan. >> it gives me hope. >> we believe strongly this will be the year congress finally gets common sense immigration reform. across the finish line. >> well, they want to pass the bill, but they are not talking about bill to taxpayers, new report showing that giving illegal adults amnesty would

cost $2 .5, yes, there it is, trillion, that is just for the retirement benefits. alexander, and monica and david, are here. david, 2.5 trillion this is a big number. >> yeah, that is a big number. now, the thing is, this will depend on details in the bill, one thing is immigrants are already putting into the sim, you know, before they take out later, but people have not thought perhaps so much about is obamacare because, the immigrants may will be eligible immediately the moment they achieve legal status for obamacare subsidies, so far, it is not clear from the language of obamacare whether they will not be eligible instantly and we could have an additional cost that hits right away. tom: that flies right into obamacare, the rules are still

written, but monica, that is you know a lot of people say, they are already here. and they are contributing. in many cases they are paying taxes, buzz that mitigate some of this. >> 11 million people living in a shadow society is heartbreaking but what is equally distressing is knowing that 42 million americans or food stamps today, and 5 million, are out of work for more than 6 months, knowing that two-thirds of all people in u.s. live paycheck to paycheck, the bottom line, we have a lot of issues at hold, you look at exit poll, people, voters care about jobs and the economy. one month into the new year, we're talking immigration reform and gun reform, i don't understand why politics are ignoring what voters are vocally saying are their pop priorities.

>> top issue you say that voters are thinking about? >> job, and the economy. number one and number two. tom: so, is this just a head fake? change the topic, change the convery vague? >> -- conversation. >> immigration reform as huge economy consequences in a positive way, adding there were million people to tax role would be a huge benefit, estimates put price tag a 5 billion in revenue, 1.5 trillion over the course of 10 years, added to go, dp, one in four businesses are owned by an immigrant, and one in 10 jobs created by an immigrant owned, we're talking about adding a history of hard working folks, history of america is immigrants come to this country, work hard in jobs that not everyone else wants, and really add to the fabric of our society, we see the upper

income higher educated immigrants who perhaps have gone to graduate school here, who are not able to pursue that entrepreneur rally spirit and fored to create the jobs back at home rather than adding to our economy here. tom: david, seems like, what we're talking about so far, i think that shows up in history, when our economy is good. and our economy is strong, and unemployment is low, people don't pay that much attention to the immigration issue, they gripe about it, but that is about it, now, you know, as man monica said there are a lot of people that are hurting they are saying these people will take your jobs they and interfere with our fragile economy. >> you know, wealth is not a zero-sum game, you know the problem that of the welfare state too large to assimilate a large number of people like this, many who'll need benefits is one thing.

on the other hand from economy perspective we're always you know not able to find enough -- in high skill category, but even low skill, businesses are not able to find workers they need. you know, and you know, people, there are a lot of people on food stashes to w.h.o. do have -- on food stamps who to have jobs, the other statistics we heard cited, not just a case of someone coming in taking a job from somewhere else. tom: monica you went through a list of people, at the same time we know that the hispanic population is a fast growing part of our country, is it political pandering saying we want you to vote for us next time. >> it feels like, that looking at exit polls of hispanic voters, priorities were jobs and

the economy, i find this conversation interesting, i am a daughter of immigrants and my parent are that entrepreneurs but they came here legally, i feel that giving amnesty does not offer a good voice for those who have been waiting in line. tom: is this about politics and republicans getting nice, nice with the minorities? >> certainly that is part of it, i live mere in california, we saw after bill web's disastrous stance on immigration that california went blew blue, republicans had really hank rhetoric over the years, politics has something to to with it but we have 11 million people we need to fold into the fabric of our society, and this and i think the bipartisan bill is a real even handed way. tom: all right. thank you so much. tom: government stillos tax payers hundreds of billions for

housing bailout, but brace yourself, the size of the bailout might be ballooning.

tom: good news for some homeowners, some, but bad news for most taxpayers, fannie mae and freddie mac are wiping away debt for certain people underwater on their mortgages, but government stillos tax payers bailing out money from the entities, john said this deal is too sweet. >> it's not going to work, if you talk about people walking away from home mortgages, people say why are they allowed to walk away, most americans have an

obligation to pay, like other modification plans, this is not going to work, people that are current in payment, and government has arrived to take up 20% of your intangible assets, people that are current on the payment are not going to walk away from the home, this is a political ploy to try to appeal to certain base. this does not work. tom: this is my first impression too. to qualify for this program, we have been through, i lost track, i don't know if you kept track, but there must have been 5 or 6 programs in the last 7 years, that have been tried that are similar to this, and not one of them, the more qualquations they put on it the tougher it is, why not just let the people go to foreclosure, and whatever the market will bear. >> i think they want to say, they are helping people out, and they look putting out this

political balloon, saying look what we're doing. but you are rice. the modification programs, first thing president obama did in offers was a modification program that did not work for this reason, they put so many restricts on it, that people who met them did not have to give up their homes, look the government policies is what got us in this, the government needs to back out and let the market settle. tom: i thought they were, i had hope, i want to go over this again, to qualify, you have to dim straight a hardship, and -- demonstrate a hardship, and not be behind on your payments, if yoifyou have a hardship, you are probably behind on payments and a debt of 55 percent of your income, that is steep. that is another show about whether we should step in and let the market take effect.

this is and the fees to pay 20% of assets? they don't have the money. >> tom this is r, this is a typical government program, if you are current on your mortgage payment, up to march,ive month, most likely have you a job, and hopefully you do, but you have to move somewhere else in the city, they take 20% of your assets, you now have nov into an apartment, another home, if you move to a home you have to put down at least 20% of the deposit. people are not going to want to move, this is ridiculous. >> they will not be able to qualify for years because of the blamish on the credit card, but i thought that stories are that housing market seems to be showing promise. if it is showing promise, and i hope that is true, but i have my

questions, why would we need this program? >> i don't believe we do. people are -- liberals out there are trying to put a floor under this housing market. the problem is, it of propped up artificially, we went center 64% homeownership. we falsely inflated it to 70%, we have to work out last 4 or 5%, no matter how painful it is, that is what is being done, a lot of investors voter that had -- inventory out there that had to work its way through proper channels, this is not going to work. this is not the right idea, not the right policy, it is not going to work. tom: that is the problem, we could debate how to help people, but i'm with you, i do not get how this will help anybody. >> tom, that is a great point, we could debate thousand help

people, some people say we should not help anybody, but whether we should or not, this is not going to help. this is -- even if your ideology is we need to bail them out, this is not the way. tom: it is mean, it gives them false hope, thank you, john. >> always a pleasure. tom: california is running a budget surplus. so why are residents and businesses running away? i'm serious, we compare our direct rates side by side to find you a great deal, even if it's not with us. [ ding ] oh, that's helpful! well, our company does that, too. actually, we invented that.

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>> california did the impossible, its budget is balanced. >> you heard him, governor brown saying california is saved. projecting a $29 million surplus, a huge tax hike bringing in cash, but "wall street journal"'s lisa said they could backfire. >> they have a huge massive load of debt about $ 30 billion they borrowed from special funds, schools and local governments to

repay, and 70 billion from capital market to build schools and product product. tom: they have been floats bonds in california forever. >> but then pension liabilities, to fully fund those they should sock away about 10 billion a year. tom: i saw california pers was 300 billion underfunded. >> and you have local pensions that is not included. tom: he said it is fine. >> well, why then are they trying to pass -- that i want to raise taxes, they are trying to gut prop train that limits property tax hikes, making it easier for localities to raise taxes. tom: i lived in california a long time, i'm very familiar with prop 13, and everyone has

been blaming prop train since it prop 13, it is not tax limitation that has kept seniors from being taxed out of their homes but the spending has been far more than revenues, it is a spending problem that we keep repeating in washington, they have it in sacramento. >> and aggravating the problem, it is a progressive tax system, if you earn more than $50,000, you pay 9.3% of your income in taxes, and more than a million a double down on the sim system, u pay 33%, the highest. tom: they know that people can't or won't pick up and leave. we're funny creatures, i think they knowb that about us, people don't go anywhere. >> well, that is true, however,

that only to an e an extent, california has great weather, but if you can't afford it, and there are no jobs, a hundred thousand people are leaving each year. tom: and next door is nevada with a zero income tax that helps, but it does not have an ocean, a lot of peak like that the legislative analyst office in california, nonpartisan son, i think straight shooters, saying they are just about $2 billion upside down for this fiscal year, and everyone is saying that is a piece of cake, do you agree? >> compared to 2009 it was 60 billion. tom: but still 2 billion, where are they getting it from? >> i think they find 5 billion of revenue this month, over projects, and they have no idea

why. 2 billion over the year, you know attack -- the tax hike could help. tom: i think that businesses that can move, manufacturing, warehousing, things like that probably mostly have. >> i disagree. you still see a big exit from program uyou are seeing manufacturer still moving out, campbell's soup and comcast closed, cut 2000 jobs in northern california last fall. tom: waste management picked up and left. >> you still have a lot of jobs leaving. >> what is it going to leave? an urban decay problem? but not a stay a state. >> you will keep the silicon valley, and orange county still do really well and the coast, but where you see things hard

hit is the central valley, inland areas, that is where you see the cities going bankrupt as well. tom: alishia finley, "wall street journal" thank you very much. coming up, a hair scare. a high school putting the law to thetivity, by using hair on drug test students, then. her gain is also her loss. this ravens cheerleader says that team benched her for the super bowl after she put on a few pounds, we break down the legal skinny in two minutes.

tom: a high school is trying to cut drug use, by cutting hair. rock hurst high school in missouri will reportedly start

taking students hair samples to run random drug tests, attorney said it is a clear invasion of privacy. but a trial lawyer said it is fair game, rebecca, what do you think? >> don't you think taking a random drug test of an add an ad adolescent child in school is a bit too far. theytivittivity test them, and - they test them, who knows if it is accurate, and what if they have a medical condition that the school is not entitled to hear, that is invasion of privacy, this is my personal information that is out to everyone in the school. tom: i will play lawyer with you two, i thought that courts were ruling that students do not have as many rights as they think

they do, schools have a lot of rights to control things, and keep order. and conduct their be of education. >> you are right about that, but the critical point here, is that this private school, they do not accept any public funding, they are not bowen by the 4 amendment, -- bound by the 4 the 4 the amendment, and parents are advised that school will do random drug testing on the children. if they don't' their children subjected to random drug testing they can take their child out of the school. we know we have a big drug problem amongst teenagers, and this school is doing what they feel they can to curb the problem. they are not disimnating results to know anyone, they state they will destroy any of the drug results once that child graduates. tom: rebecca, do you feel better

if parents signed okay. >> i would feel better if we first had counselling then a program, if there a real thought there was a reason able problem, with one child, talk to the parents then do medical testing with the parents okay. not this random, oh, i'm going to cut 90 students hair,. tom: one point to bring up. i didn't realize, it is a private school, a jesuit school, i went to eye jesuit school, they are tough. we have a baltimore ravens cheerleader is raving mad, 5 year veteran courtney lamb said that the team benched her for the super bowl, she claims it is retaliation for gaining a few pounds, we called ravens for a commit, we did not hear back.

>> is anybody surprised this cheerleaders are hired for their appear an, she was not hired because she is a math genius, she knew she was hired because she was attractive, if the owners of the time somehow felt something changed and she did not meet that standard they had every right to not send her to super bowl, appearance is not a protected category under the discrimination laws that is life. tom: there used to be, i remember, i'm old enough to remember, flight attendant had on weigh in. >> that was declared illegal. employment discrimination, and sexual discrimination. now, in this situation, this female is saying, i was retaliating again because i put my notice in to leave after the complete season, they did not like, that my coach did not like, that she then said, there is an issue, so we're not going to bring you to the super bowl.

tom: she was with them for 5 years put in a retirement notice, she graduated from college. >> she wanted to pursue a full time career. >> that is going to be so hard to above this is retaliation, there are 28 other cheer leaders that were not selected to go to schupeper super bowl. tom: one of the criteria was since seniority. >> and practice of team in past and other team in past of cheerleaders going to the super bowl is what a court will look at. if other teams send 5 year veterans before a one year veteran that is not going to look good. >> excuse me there are two other factors, they are subjective, is unrealistic to say that nfl time does not have a interest in protecting their brand, this is the super bowl.

1.8-pounds. >> this is not discrimination. >> this is. >> rebecca. nfl said you don't have a -- you are not entitled to cheer at the super bowl. >> you may not be, but if she was discriminated against that is different, they say, activity just basi-- it was it was just c could if she can support the claims that they hill her there. tom: what are her damages. >> she has no damages, if you don't want to be judged by your appearance down take a job as a model or a cheerleader where you know your aar experience is goig to -- acts per reaso appearanceo

matter, she needs to move on. >> i don't think so. i think, you know come on, if she was retaliated again that is inappropriate, 1.8-pound weight gain is not appropriate. one. 8-pounds. tom: remedy is get her on the next plane to new orleans, and. >> that is right. >> go home, move on. no hard feelings. tom: we'll move othank you very were. >> thank you very were. >> the economy in a rut, more people are in debt, and now worse of all, more of them are stuck supporting their in-laws. >> take a look at my mother-in-law!

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tom: more adults are getting sandwiched, it is eating up their cash, one in 7 are finishly supporting their kids and parents, they are called sandwich generation, it is generating a lot of angst in a tough economy,tor stewart, is this something -- sounds like it is pretty bad. you start reading through some numbers, it has to be one of the best economic indicators with the adult children living with mom and dad. >> one out of every 7 people 40 to 59 years old is now supported by a family member, it is a mix, i think aboutnese you know sandwichers, you think about them as gumby dolls, trying to help elderly parents and also their adult children, who have moved back home, that is causing

chaos. tom: i get the elderly parents, sometimes mom and dad were not finishly well off more they did not handle their finances right, or threw economy had a bad play of their cards. but i want to focus on the kids, i'm thinking, you know, when we got out of college, you know, it was like let me get the world i'm in -- i'm going places, it has to be a major setback that could last a long time, am i right? >> you are very right, what happens is everyone that lives college, bright eyed and bushy tailed. and then you hit the job market. you can byou can't find a job, r goes by, you are hit with your student loans and your rent, and living expenses, you truly cannot afford yourself, you have to go back home to mom and bad, your parents.

these poor familiars struggling that causes a huge prrblem with the generations. what happens is that younger generation, the adult children, they become depressed because they have to regress and go back home. tom: i think we have all had this convery session with friends or -- conversation with friends or relatives, not only to kids not want to be there but you can't go back home, they probably never heard this from their parents but i bet a lot of parents don't want them there either, there is something else about loving your children, and letting them fly off your nest, it is now, i want to know where you were last night, and i am an adult down ask thes don't ask t. >> right, whether i work with children who have to go back home to mom and dad, you have to respect your parents, it is that give and take, you have to let your parents know where you are

going, and who you are with, they are full-grown adults but now they are back under mommy and daddy's roof. tom: you are in the see co psycy business for that 40-something person with johnny or suzie came back home, and parents that are saying wire in we're in trouble, the financial stress is a doozy? >> absolutely, nobody is ready for that if you think about it, in our society we're trying to get stable enough to help our elderly parents, that is the goal, you want to do better than the generation above you, when they are read and taking care of themselves and dealing with elderly parents and now the kids knock on the door, they don't have enough money to go, around between 3 generations. tom: does tough love not apply because they are not doing if on

purpose, it is the cards that are dealt with the economy? >> well, this is how i would describe it yes, i believe in tough love, but what are you going to do. if your child legitimately lost a job, let's be honest, nobody really wants to move back home, they are coming back home in some sort of crisis, but how long is that door open that is the biggest problem, if johnny and suzie walk in the door on january 1st are they welcome to march 1 or january 2014, when do you kick your kid out. >> you get that inertia thing. >> right,. tom: dr. kara stewart thank you so much. >> thank you very much. >> well where there is smoke there is fire. the healthcare law getting a lot of heat, and smokers might be the ones getting burned.

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siemens. answers. tom: the president's health care law might be a rile dag for millions of smokers, insurers will be able to change them 50% higher premiu premium next yeare could pay more than 8 grand a year, is this fair? let's start with you. this i just found out about this. and it was i'm not sure if it was a new regulation or like nancy pelosi said, vow to read the thing to find out, a 50% premium for smokers, wow that is big news. >> well, the new england journal of medicine found that smokers have an on average health care cost that are 40% higher than nonsmokers, it is not that outrageous in context, and

smoking costs the economy a hundred billion annually, the costs come out of our pockets of nonsmokers with higher premium, and higher health care. 50% might be a little excessive but a increase in premiums for smokers sounds fair to me. tom: all right, monica, they don't have anything in there about obesity, but i suspect it might becoming, right now it is limited to this, judg why this? >> i found so interesting about all this, i thought that grand promise of obamacare, if we bring more people into the system we'll bring the cost down for all of the people who have the high-risk issues, and costs are coming down for everyone but we're seeing here folks that do have the higher risk issues, are going to pay 50% more like the smokers, and the rest us are we

getting a little bit of a discount in what we pay? i thought that you know if we're subsidize them, should it be cheaper for us now. i have a feeling it will continue to go up for us, and going up for the smokers. tom: well, you were not paying attention, i'm sure david was. president told ours premiums are going down by 25-dollars, now premiums going up, and you get taxed if you don't buy health chunk, and if you smoke they are going to wallop you. >> iment in favor of charge -- i am in favor of charges people out risk they pose, because obamacare will not allow insurers to charge old people based on actual risks healthy risks they pose, young people are all going to pay more for health insurance, there is going to be a lot of sticker shock,

you are go go to see yourins rateinterest rates go way up. tom: if you are already low income. there will be some subsidies. but the subsidies will not be allowed to use to pay for the penalty, if you are a poor person, do you just throw your hands up and say, the whole purpose of obamacare was to get everyone and and healthy and cared for, they will stay out of it, they are not getting involved with it. >> i think a lot of low income folks are smokers, so this will hit lower income people. but unlike something that like, a genetic defect or a heart paltation, smoking with a choice, insurance needs to cover all kinds of preventtions programs, cover the full coast of getting people unaddicted to

nicotine to help people lead healthier lives, i don't think this is an obamacare problem. i think this is a general problem. where things like smoking and obesity is a valid point to bridge up in terms of the economy cost. but, when it comes out of my pocket i'm in favor of helps to even the playing field. tom: but, you know smokers you have second-hand smokers, that is it, if i smoke, and you are next to me, you might be damaged. but you are not damaged if i am having a 20-ounce big gulp. >> you can have a smoker that goes to the drink every day, and a obese person that drinks a lot who is healthier, and why is the government deciding who is healthier? >> there are some people that are now hastings institute came out with a study, people are starting to talk about the fact that let freedom, freedom, if

you want to smoke, you want to eat, you want to get fat about ahead, you are not going to live as long, you will not use medicare or social security it will actually save us money. >> there are two savings associated with, that but, we all end up paying for this, no, smokers pay for their healthy care costs, if you vote in-laws like obamacare that force other people to pay for your while care then everyone pays for it, if we want to pay for everyone's health care, to boss people around, and tell them thousand live their lives, we're there we did it. >> that is the problem. i think this is where i think the weight of these things may actually crush all thoughts that people like you that democrat consultant, you want obamacare to work, this could interfere with it working, it could w weih